EXECUTIVE ORDER NO. 40

Law Summary

Overview

Executive Order No. 40 establishes the Council of National Defense in the Philippines, outlining its composition, purpose, and authority under the mandate of President Manuel Roxas.

Creation of the Council

Legal Basis: The Council is created under the powers vested in the President by law.
Date of Issuance: January 13, 1947.

Composition of the Council

Members:
- President of the Philippines
- Vice President of the Philippines
- Heads of each Executive Department
- Parliamentary representatives:
  - Salipada Pendatun (Chairman, Senate Committee on Army, Navy and Military Pensions)
  - Juan S. Alano (Chairman, National Defense Committee, House of Representatives)
  - Tomas Cabili (Member, Senate Committee on Army, Navy and Military Pensions)
  - Hermenegildo Atienza (Member, National Defense Committee, House of Representatives)
  - Leandro A. Tojong (Member, National Defense Committee, House of Representatives)
- Military representatives:
  - Major General Rafael Jalandoni (Chief of Staff, Philippine Army)
  - Brigadier General Macario Peralta, Jr. (Chairman, Philippine Veterans Board)
Secretary: Colonel Jose V. Andrada serves as the Secretary of the Council.

Purpose and Functions

Advisory Role: The Council is tasked with advising the President on all matters related to national defense.
Recommendations: It is also responsible for providing recommendations on additional subjects that the President may submit for consideration.

Supersession of Previous Orders

Superseded Document: This Executive Order supersedes Executive Order No. 3, issued on November 16, 1935.

Execution Details

Location of Issuance: The Order was executed in the City of Manila.
Signatories:
- Manuel Roxas, President of the Philippines
- Emilio Abello, Chief of the Executive Office

Key Takeaways

The Council of National Defense is a high-level advisory body composed of key government and military officials.
It plays a crucial role in guiding national defense policies and responding to directives from the President.
The establishment of this Council reflects a formal structure for national defense in the post-independence Philippines, ensuring organized military and legislative collaboration.